State AG Opinions
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On an Arkansas county construction project, can the construction manager also serve as the general contractor without competitive bidding?
No, when project costs exceed $35,000. The AG concluded that Ark. Code Ann. § 19-11-801 prohibits competitive bidding for selecting a construction manager, but the public works law (Ark. Code Ann. § 2…
Is the special language in Arkansas Act 274 of 2014, which let ADEQ recover post-closure landfill costs, unconstitutional logrolling under the one-subject rule?
The AG declined to opine on the merits because the $18 fee was actually imposed by a court order, and longstanding AG-office practice avoids second-guessing facially valid court orders. The opinion di…
Can an Arkansas suburban improvement district issue building permits, enforce zoning, or fight nuisances like a city or county can?
No. The AG concluded that an Arkansas suburban improvement district has no police power and therefore cannot promulgate rules, impose penalties, or take official action on building permits, structural…
If a married couple are both disabled veterans living in separate homes in different counties, can each one claim a separate disabled-veteran property tax exemption?
No. The AG concluded that Ark. Code Ann. § 26-3-306 lets a disabled veteran exempt 'the homestead' (one) from property tax, regardless of marital status or how the property is titled. The definite art…
When a nonprofit fire department converts to an Arkansas fire protection district, which statutory procedures must the county follow?
When a nonprofit fire department petitioned to convert to a fire protection district under Ark. Code Ann. § 14-284-226, the AG concluded the county had to follow the procedures in subchapter 2 of chap…
Does the Arkansas Constitution's right-to-bear-arms clause give Arkansans broader gun rights than the Second Amendment?
The AG declined to answer. Article 2, section 5 of the Arkansas Constitution has barely been interpreted by Arkansas appellate courts since the 1800s, and the AG concluded that any opinion on its mode…
When a pharmacy sits inside a big-box store or grocery store, does the West Virginia Board of Pharmacy regulate the whole store or just the pharmacy area?
The AG concluded that the Board of Pharmacy's regulatory jurisdiction under W. Va. Code § 30-5-7 reaches only the area of a retail establishment where drugs are dispensed and pharmacist care is provid…
Does a West Virginia county commission have to provide office space at the county's expense for the elected county surveyor and the surveyor's staff (even unpaid staff like a mapper)?
The AG concluded that under W. Va. Code § 7-3-2, the county commission must provide 'suitable offices' for the county surveyor (a constitutional officer under art. IX, § 1) and the necessary support, …
Did the Missouri AG approve the form of the Heidi Miller initiative petition to amend Chapter 208 (2020-053)?
Yes. The Missouri AG approved the form of Heidi Miller's initiative petition (2020-053), which proposed to amend Chapter 208, Revised Statutes of Missouri (which governs public assistance and Medicaid…
Did the Missouri AG approve the form of the Heidi Miller initiative petition to amend Article IV (2020-052)?
No. The Missouri AG rejected the form of Heidi Miller's initiative petition (2020-052), which would have amended Article IV of the Missouri Constitution, because the petition was not in the form presc…
Did the Missouri AG approve the form of the Mark Pedersen petition to amend Article XVI (2020-051)?
No. The Missouri AG rejected the form of Mark Pedersen's initiative petition (2020-051) to amend Article XVI of the Missouri Constitution because the petition did not show deletions in brackets and ne…
When the custodian asks the AG to decide whether interview statements are an employee's personnel record or another employee's evaluation record, can the AG make that classification?
The AG declined to opine. The City of Little Rock's FOIA Coordinator was uncertain whether interview statements taken during an internal harassment investigation belonged in the complainant's personne…
Can a West Virginia county design its own sick-leave policy for county employees, including a leave-donation program, even if state employee policy doesn't have the same features?
The AG concluded that under W. Va. Code § 7-5-21, county commissions have broad statutory authority to set their own sick-leave policies for county employees, including leave-donation programs, and ar…
Can a West Virginia city council remove one of its own members by a vote under the city's charter, or does it have to follow the state-law removal process?
The AG concluded that a city's charter cannot displace W. Va. Code § 6-6-7. Removal of an elected municipal officer for cause must be initiated by resolution, prosecuting attorney, or citizen petition…
Does a Virginia Commonwealth's Attorney have to let local child protective services join the multidisciplinary team that reviews child sex abuse cases?
Yes. The Virginia AG concluded that Va. Code § 15.2-1627.5 uses 'shall participate' for child protective services, making CPS representation mandatory at the jurisdiction's multidisciplinary child sex…
Did the Missouri AG approve the form of the Jackie Johnson initiative petition (2020-050)?
No. The Missouri AG rejected the form of Jackie Johnson's initiative petition (2020-050) on two grounds: (1) the petition was not in the form prescribed by § 116.040, RSMo (structural form requirement…
Did the Missouri AG approve the form of the Winston Apple initiative petition to amend Chapters 143 and 286 (version 2020-049)?
Yes. The Missouri AG approved the form of Winston Apple's initiative petition (2020-049), which proposed to amend Chapter 143 (Income Tax) and Chapter 286 (Labor and Industrial Relations) of the Revis…
Can a Florida county require businesses to use E-Verify as a condition of getting their local business tax receipt?
No. The AG read Chapter 205 as the exclusive grant of authority for the local business tax; E-Verify is not among the conditions the Legislature authorized counties to impose.
Can a non-charter county in Florida impose term limits on its county commissioners?
No. The Florida AG concluded in 2019 that non-charter counties have no constitutional or statutory authority to impose term limits on commissioners, and that the Legislature itself cannot grant that p…
Can a Florida nonprofit's board of directors put non-directors on a committee that exercises board authority?
No. The Florida AG concluded in 2019 that section 617.0825(1) lets a board designate committees only 'from among its members.' Outside (non-director) people cannot sit on a committee that exercises th…
Did the Missouri AG approve the State Auditor's fiscal note summary for Winston Apple's initiative petition (20-046) amending Article III of the Missouri Constitution?
Yes. The Missouri AG approved the legal content and form of the State Auditor's fiscal note summary for Winston Apple's Article III initiative petition (20-046). The Auditor estimated state legislativ…
Is a school district's decision to withhold employee-evaluation records under the Arkansas FOIA proper when the employee was never suspended or terminated?
Yes. The North Little Rock School District's records custodian classified the records as employee-evaluation records and withheld them because the four-part test for release was not met. The AG conclu…
Can Virginia rename Jefferson Davis Highway in Arlington County without an act of the General Assembly?
Yes. The Virginia AG concluded that the Commonwealth Transportation Board may rename the Arlington County portions of Jefferson Davis Highway under Va. Code § 33.2-213, provided the Arlington County B…
Did Wilmington violate Delaware FOIA by demanding $170 to produce a mayor's appointment calendar?
The Delaware AG concluded that the City of Wilmington did not violate FOIA by giving a $170.01 cost estimate for the mayor's appointment calendar. A cost estimate is not a denial of records; the reque…
When the records custodian is unsure whether a UAMS research-misconduct report is a personnel or evaluation record, can the AG opine on whether the FOIA release is proper?
The AG declined to issue a definitive opinion. Her review under § 25-19-105(c)(3)(B)(i) is triggered only after the custodian first classifies a record as either a personnel record or an employee-eval…
Could the Maine legislature let each municipality decide whether to exempt all personal property and business equipment from taxation, or did the state constitution require uniform statewide rules?
AG Frey advised that LD 824 had significant constitutional problems. Article IX § 8 requires property taxes to be 'apportioned and assessed equally according to the just value thereof,' and the Maine …
Did the Missouri AG approve the form of the Winston Apple initiative petition to amend Chapters 143 and 286 (2020-048)?
Yes. The Missouri AG approved the form of Winston Apple's initiative petition (2020-048), which proposed to amend Chapter 143 (Income Tax) and Chapter 286 (Labor and Industrial Relations) of the Revis…
Did the Missouri AG approve the fiscal note summary for Christopher Pieper's Article VI petition (20-042) on St. Louis County metropolitan consolidation?
Yes. The AG approved the legal content and form of the fiscal note summary the State Auditor prepared for Christopher Pieper's initiative petition 20-042. The summary told voters individual St. Louis …
If a city mayor wrote a termination memo for a public works director but later rescinded the termination, can the memo still be released under the Arkansas FOIA?
It depends on a fact question the AG could not resolve. The City of Cave Springs proposed to release a termination memo from its former mayor regarding the Public Works Department manager. The memo wa…
Can an Oregon municipality hire a private entity to administer and enforce its building inspection program?
Partly. The Oregon Constitution's nondelegation doctrine does not flatly prohibit a municipality from hiring private entities to perform governmental building inspection functions. But the municipalit…
Can the Tennessee Department of Revenue write a rule requiring online marketplace facilitators (Amazon, Etsy, eBay) to collect sales tax for the third-party sellers on their platforms?
Yes, with one important limit. Online marketplace facilitators that solicit Tennessee consumers and consummate sales (operate the cart and payment) qualify as 'dealers' under Tenn. Code Ann. § 67-6-10…
Can a Florida county use tourist development tax (bed tax) money to add bicycle-friendly shoulders to a county road?
No, not under the small-county nature center option. The Florida AG concluded in 2019 that a paved scenic road, even one used by tourist cyclists, is not a 'nature center' under section 125.0104(5)(b)…
Could a state require presidential and vice-presidential candidates to release their tax returns as a condition of appearing on the ballot?
Probably yes, though the AG flagged the analysis as a close call. The Presidential Qualifications Clause likely is not violated because tax disclosure is not the kind of inherent qualification (citize…
Can a county constable enforce truck weight limits on county roads without state certification?
No, the AG advised. Liberty County asked about its constables enforcing county weight limits on county roads after the Texas Department of Transportation denied them weight-enforcement training, sayin…
Can a Delaware municipality charge 25 cents per photocopy under FOIA, even though the default FOIA fee is 10 cents?
The Delaware AG concluded the Town of Dewey Beach did not violate FOIA by adopting a 25-cent-per-page photocopy fee. Section 10002(3)(m)(1) sets a default fee of 10 cents per page, but municipalities …
Does a freestanding emergency room owned by a Virginia hospital need its own license or a certificate of public need?
Not automatically. The Virginia AG concluded that a freestanding ER owned by a licensed hospital only needs a separate hospital license if it fits a 'general,' 'special,' or 'outpatient' hospital clas…
Do a city attorney and city administrator have to recuse themselves from a deal that affects their own nearby property?
Not on these facts, the AG advised. The City of Conroe's city attorney and city administrator negotiated a deal under which a landowner would donate part of a defunct golf course to the city for park …
Did the Missouri AG approve the form of Winston Apple's version-2 Article III initiative petition 2020-046?
Yes. The AG approved the form of Winston Apple's initiative petition 2020-046, version 2, which proposed to amend Article III (the Legislative Department) of the Missouri Constitution. Approval is for…
If a university employee resigned, can his personnel and employee-evaluation records still be released under the Arkansas FOIA?
The AG declined to opine on the substance because she had not been provided the actual records and could not act as a fact-finder. But she flagged a key dispositive issue: if the employee actually res…
Did the Missouri AG approve the Secretary of State's ballot summary for Rik Combs's Article X personal-property-tax petition 2020-038?
Yes. The AG approved the legal content and form of the summary statement the Secretary of State prepared for Rik Combs's initiative petition 2020-038. The summary asked voters whether Missouri should …
Who is the 'returning officer' that can order a special election for a vacant Texas legislative seat?
The county clerk, the AG advised, not the Secretary of State. Article III, section 13(a) of the Texas Constitution says that when a legislative seat becomes vacant and the governor does not issue a wr…
Can Delaware DNREC withhold property records under the pending-litigation exemption if the requester might sue their neighbor (not DNREC)?
The Delaware AG concluded DNREC violated FOIA. Potential litigation between two neighboring property owners is not the kind of pending-litigation the § 10002(l)(9) exemption was designed to protect. T…
In Tennessee, can a judicial commissioner or a general-sessions-court magistrate swear in a newly elected or appointed official?
No. Tenn. Code Ann. § 8-18-109(b) lists who can administer an oath of office to a Tennessee elected or appointed official: county mayors, county clerks, judges of general sessions courts, and judges o…
How does the Arkansas Attorney General decide whether to certify the popular name and ballot title of a proposed citizens redistricting amendment?
The AG certified the popular name and ballot title for a proposed Arkansas constitutional amendment that would create a seven-member citizens redistricting commission appointed by legislative leaders,…
Can Delaware's governor withhold emails with a major developer under executive privilege if he submits an affidavit explaining why?
The Delaware AG concluded the Office of the Governor did not violate FOIA when it redacted communications between the governor's staff and developer Buccini/Pollin Group under executive privilege. An …
When can a Delaware town go into closed session to talk about rumored potential lawsuits or personnel matters?
The Delaware AG concluded South Bethany violated FOIA by holding an executive session for one topic based on a rumor of potential litigation, which is not an objective indicator. A second topic discus…
Did the Missouri AG approve the form of Christopher Pieper's initiative petition 2020-042 to restructure local government under Article VI?
Yes. The AG approved the form of Christopher Pieper's initiative petition 2020-042, which proposed to amend Article VI of the Missouri Constitution. Approval is procedural form review only. § 116.332 …
Can a third party named in another employee's personnel file block release under the Arkansas FOIA based on embarrassment or potential slander?
No. Lisa Balencia objected to release of an Arkansas Department of Veterans Affairs document that mentioned her name in a former employee's FOIA-released personnel file. The AG concluded that the port…
What legal standards do courts use to balance parents' rights against the government when it comes to raising their children?
The AG laid out the framework. A House committee chair asked what elements, factors, or standards courts use when weighing the State's interests against parents' fundamental rights to raise their chil…
Does a Texas county have to maintain a road and remove a locked gate if it's a 'public road'?
Only if it is a county road, the AG advised, and the AG would not resolve the underlying factual dispute. A Bosque County attorney asked whether the commissioners court had to maintain a road and remo…
Can a Texas county waive or refund property tax penalties and interest if the county caused the late payment?
It depends on whether the county actually mailed the tax bills, the AG advised. A Hood County attorney asked whether the county could give relief to taxpayers for penalties and interest on delinquent …
Can a newly appointed Texas county official keep supervising a relative who already worked there?
Yes, if the relative had already worked in the position continuously for one year before the official took office, the AG advised. A Cherokee County attorney asked whether a person appointed to fill a…
Can a litigant use Delaware FOIA to get records about an expert witness an agency may use against them?
The Delaware AG concluded DNREC did not violate FOIA when it denied a request for records about Environmental Liability Assessment, LLC (ELA), the third-party consultant DNREC used in 'ability to pay'…
Are a city personnel committee's meetings public under Delaware FOIA, and can a city council go into executive session to discuss a wastewater transfer?
The Delaware AG concluded Rehoboth Beach violated FOIA twice: holding an executive session to discuss an attorney-client privileged memorandum without meeting the litigation-strategy requirements, and…
Can legal aid workers enter a migrant labor camp on the employer's property to talk to farmworkers about their legal rights?
Yes. The Virginia AG concluded that legal aid representatives may enter a migrant labor camp to share information about legal resources, even if they are not formally appointed counsel for any specifi…
Did the Missouri AG approve the fiscal note summary for Rik Combs's initiative petition (20-038) amending Article X of the Missouri Constitution?
Yes. The AG approved the legal content and form of the fiscal note summary the State Auditor prepared for Rik Combs's initiative petition 20-038, a proposed amendment to Article X (taxation) of the Mi…
Does the doctrine of issue preclusion bar Oregon from arguing that the 1865 treaty (rather than the 1855 treaty) governs the Confederated Tribes of the Warm Springs Reservation's off-reservation hunting rights?
Yes. Because Oregon already lost the question of whether the 1855 treaty governs the Tribe's off-reservation fishing rights in U.S. v. Oregon (1968), the AG concluded that issue preclusion would bar O…
Does Arkansas law prohibit a newspaper from publishing the names of potential jurors?
No. The AG concluded that Ark. Code Ann. § 16-32-111 is not a general prohibition on publishing juror information. It only prohibits the specifically enumerated persons (attorneys, parties, audit pers…
Can Delaware DNREC withhold all records about a master plan when only a small piece of it is involved in pending litigation with the requester?
The Delaware AG concluded DNREC violated FOIA by applying the pending-litigation exemption too broadly. While some records pertaining to the easement and the relocated Yorklyn/RR Segment were properly…
Did the Missouri AG approve the ballot summary for Damien Johnson's Article III petition 2020-032 on initiative-process reforms?
Yes. The AG approved the form of the Secretary of State's summary statement for Damien Johnson's initiative petition 2020-032. The statement matches the parallel 2020-030 summary (Op. 47-2019), asking…
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